A.Â
Generally. Words used in the present tense include
the future; the singular number includes the plural and the plural
the singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure."
B.Â
ACCESSORY BUILDING
AGRICULTURAL ACTIVITY
APARTMENT DWELLING OR MULTIPLE DWELLING
APPLICANT
BASEMENT
BUILDING
(1)Â
(2)Â
(3)Â
BUILDING OFFICIAL
CELLAR
CHANNEL
CLEARING
DEDICATION
DEPARTMENT
DESIGN MANUAL
DEVELOPER
DIMENSIONS OF A LOT
(1)Â
(2)Â
DWELLING
EROSION CONTROL MANUAL
FAMILY
(1)Â
(2)Â
(3)Â
(4)Â
FLOOR AREA
FOOD
FRONT YARD
GRADE
GRADING
GROUND OR FIRST STORY
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
LAUNDRY
LOT
MAINTENANCE AGREEMENT
MEZZANINE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
MOTHER-DAUGHTER RESIDENCE
NONCONFORMING USE, NONCONFORMING STRUCTURE OR NONCONFORMING
LOT
NONPOINT SOURCE POLLUTION
ONE-STORY DWELLING
PERSON
PHASING
PITCHED ROOF
PLACE OF PUBLIC ASSEMBLY
POLLUTANT OF CONCERN
PORTABLE SWIMMING POOL
PRIVATE GARAGE
PROJECT
PUBLIC GARAGE
RADIO TOWER
REAR YARD
RECHARGE
RESTAURANT
SCHOOL
SEDIMENT CONTROL
SENSITIVE AREAS
SIDE YARD
SINGLE-FAMILY DWELLING
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES P-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STREET LINE
STREET WALL
STRUCTURE
SURFACE WATERS OF THE STATE OF NEW YORK
SWIMMING POOL
TWO-FAMILY DWELLING
UNOBSTRUCTED
WATERCOURSE
WATERWAY
Certain words in this chapter are defined for the
purposes thereof as follows:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
[Added 1-7-2008 by L.L. No. 1-2008]
A dwelling which is either rented, leased, let or hired out
to be occupied or is occupied as the abode, residence or home of three
or more families living independently of one another.
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 1-7-2008 by L.L. No. 1-2008]
An excavated area under the first floor of the building where
more than 50% is above grade and is considered as an additional story
for all purposes.
[Added  5-5-1986 by L.L. No. 11-1986]
 [Amended  1-22-1979 by L.L. No. 2-1979; 10-6-1997 by L.L. No. 9-1997]
A structure, wholly or partially enclosed within
exterior walls or within exterior or party walls and a roof, affording
shelter to persons, animals or property.
Any building shall not include a a boundary wall or fence less than six feet in height or required rear yard fence, as required by § 265-104D.
For stormwater control requirements, temporary or permanent,
having walls and a roof, designed for the shelter of any person, animal,
or property, and occupying more than 100 square feet of area.
[Added 1-7-2008 by L.L. No. 1-2008]
The Building Official of the Village of Cedarhurst or any
person appointed to act as such for the purpose of this chapter by
the Board of Trustees of the Village of Cedarhurst.
An excavated portion below the first story where more than
50% is below grade and when used for any purpose other than dead storage
shall be considered as an additional story.
[Added  5-5-1986 by L.L. No. 11-1986]
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 1-7-2008 by L.L. No. 1-2008]
Any activity that removes the vegetative surface cover.
[Added 1-7-2008 by L.L. No. 1-2008]
The deliberate appropriation of property by its owner for
general public use.
[Added 1-7-2008 by L.L. No. 1-2008]
The New York State Department of Environmental Conservation.
[Added 1-7-2008 by L.L. No. 1-2008]
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
[Added 1-7-2008 by L.L. No. 1-2008]
A person who undertakes land development activities.
[Added 1-7-2008 by L.L. No. 1-2008]
 [Amended 3-6-1967]
DEPTH OF A LOTThe mean distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
WIDTH OF A LOTThe mean width measured at right angles to its depth.
Does not include a house-coach or a trailer used or designed
to be used in connection with a motor vehicle.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
[Added 1-7-2008 by L.L. No. 1-2008]
 [Amended 8-2-1993 by L.L. No. 10-1993]
One or more persons, whether or not related
by blood, marriage or adoption, all living together as a single, stable
and bona fide housekeeping unit, so long as such persons together
occupy and own, lease or rent the whole of a separate building or
separate dwelling unit in a family-like living arrangement as the
functional and factual equivalent of a natural family and use all
rooms and housekeeping facilities in common.
Any such number of persons shall not be deemed
to constitute a family if any one of such persons may not have lawful
access to all parts of said separate building or separate dwelling
unit; or if any one or more of such persons lease or rent any separate
portion of said separate building or separate dwelling unit from any
other person.
In the event that the Superintendent of the
Buildings, an inspector or any other person acting on behalf of the
Building Department or otherwise duly authorized by the Mayor and/or
the Board of Trustees shall find that any two or more of the following
features exist at the subject premises, then it shall be presumed
that more than one family is in occupancy thereof: if there is more
than one mailbox, mail slot or post office address; if there is more
than one doorbell or doorway on the same side of the separate building
or separate dwelling unit; if there is more than one electric meter
and/or gas meter; if there is more than one connecting line for cable
TV; if there are separate entrances for segregated portions of the
separate building or separate dwelling unit; if there are partitions
or locked internal doors barring access between segregated portions
of the premises, including bedrooms; if there are separate oral or
written leases or rental agreements or the payment of rent for portions
such separate building or separate dwelling unit among its owner and
residents; and/or if there are two or more kitchens (each containing
a range or oven, refrigerator or sink), unless it is otherwise proven
by evidence presented to such Superintendent or inspector or designated
person by such owner or resident that such occupancy is by a family,
as defined herein. This presumption shall be rebuttable, but shall
not preclude such Superintendent of the Building Department, inspector
and/or designated person from making a determination that such separate
building or separate dwelling unit is not occupied by such a family,
based upon other, whether or not hereinabove listed and/or contained.
The primary determination as to the application
of this definition of a family for purposes of compliance with any
provisions of this chapter and/or any building codes shall be made
by said Superintendent of the Building Department, inspector and/or
designated person, based upon his or her inspection of the premises,
as well as any information he or she may receive from the residents
thereof, any other persons and/or any other written or documentary
evidence as to the condition of the premises and/or the relationships
and living arrangements of the residents. Such determination shall
be presumed to be correct and final.
The sum in square feet of the areas of all floors of a building
measured from the exterior faces of exterior walls in from the center
line of a party wall separating two buildings, and including cellar,
basement, mezzanines, provided that the term shall exclude the floor
area of cellar and basement areas or portions thereof, only when such
areas are used exclusively for dead storage or utility or other equipment
installed for the normal operation and maintenance of such building.
[Amended 5-5-1986 by L.L. No. 12-1986]
Nourishment consumed in solid or liquid form, except one
or more of the following, only when sold for off-premises consumption
and exclusively of all other food:
[Added  9-8-2003 by L.L. No. 11-2003]
An open, unoccupied space on the same lot with a building,
between the street wall of the building and the street line and extending
throughout the whole width of the plot.
[Amended  3-6-1967]
The established elevation of the curb directly in front of
subject premises.
[Added  5-5-1986 by L.L. No. 11-1986]
Excavation or fill of material, including the resulting conditions
thereof.
[Added 1-7-2008 by L.L. No. 1-2008]
The lowest story entirely above the level of the ground in
front of the building.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
[Added 1-7-2008 by L.L. No. 1-2008]
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
[Added 1-7-2008 by L.L. No. 1-2008]
The process of percolating stormwater into the subsoil.
[Added 1-7-2008 by L.L. No. 1-2008]
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
[Added 1-7-2008 by L.L. No. 1-2008]
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
[Added 1-7-2008 by L.L. No. 1-2008]
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
[Added 1-7-2008 by L.L. No. 1-2008]
A laundry establishment performing general laundering retail
functions, which may have on its premises no more than four each of
machines regularly, ordinarily and customarily employed in the general
laundering process having no more than a load capacity of 85 pounds
each.
[Added  3-8-1999 by L.L. No. 5-1999]
A a parcel of land occupied by one building and the accessory
buildings or uses customarily incident to it, including such open
spaces as are required by this chapter.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 1-7-2008 by L.L. No. 1-2008]
 [Amended   1-16-1978 by L.L. No.
1-1978;Â 5-7-1981 by L.L. No. 2-1981]
An intermediate floor between the floor and
the ceiling, that provides at least 75% open view from and of the
ground floor level.
A mezzanine shall be limited to a one-story
building and shall not exceed 1/3 of the floor area between interior
surface of the exterior walls on the ground level.
A mezzanine shall be located at the rear area
of the premises upon which it is constructed.
A mezzanine shall be occupied by the tenant
of the ground floor and no portion of the mezzanine may be subleased.
The exits shall meet all the requirements of
the New York State Building Code.
When a mezzanine is constructed within a building
which requires on-site parking, the entire floor area of the mezzanine
shall be included in calculating the parking requirements.
A one-family home or residence constructed or altered to
include a second kitchen for the sole use by the children or parents
of the fee resident owner of said one-family home or residence.
[Added 5-2-1994 by L.L. No. 2-1994]
A use or lot which was lawful or a building or structure
which was lawfully situated on a lot prior to the adoption, revision
or amendment of a zoning ordinance but which fails to conform to the
requirements of the zone in which it is taking place or located by
reason of such adoption, revision or amendment.
[Added 10-6-1997 by L.L. No. 9-1997]
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
[Added 1-7-2008 by L.L. No. 1-2008]
A dwelling which has all of its living rooms on the ground
floor level.
[Amended  5-11-1981 by L.L. No.
2-1981]
Includes an individual person, a firm, an unincorporated
association, a copartnership or a domestic or foreign corporation.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 1-7-2008 by L.L. No. 1-2008]
A roof with a slope of 4.5 to 12, or greater.
[Added 2-7-2005 by L.L. No. 2-2005]
A room or space where 50 or more persons gather for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social or similar purposes.
[Amended  11-29-1965;  8-1-1966; 10-6-1969; 12-28-1972;  3-3-1975 by L.L. No. 4-1975;
 10-5-1976 by L.L. No. 8-1976;  12-4-1978 by L.L. No. 25-1978;  10-7-1985 by L.L. No. 9-1985;  11-3-1986 by L.L. No.
23-1986]
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
[Added 1-7-2008 by L.L. No. 1-2008]
A body of water greater than 18 inches in depth and/or greater
than 12 feet in width or diameter contained in a wholly or partially
above ground level, collapsible or noncollapsible outdoor receptacle
which is temporarily or permanently erected in whole or in part and
maintained and used as noted above.
[Amended  4-18-1966; 5-7-1979 by L.L. No. 23-1979]
A building used for the storage of not more than three automobiles
owned and used by the owner or tenant of the lot on which it is erected
for a purpose accessory to the use of the lot, and for the storage
of not exceeding two additional automobiles (not trucks) owned or
used by others for a similar purpose if they are stored in the same
room in which the automobiles or automobile of the owner or tenant
are stored.
Land development activity.
[Added 1-7-2008 by L.L. No. 1-2008]
A building, other than a private garage, one or more stories
in height, used for storage or repair of automobiles.
Any tower, edifice, pole or other structure designed to be
used for the transmission and reception of wireless signals, radio
signals, television signals or other electronic impulses, and having
a height at any point greater than 10 feet from the base or lowest
point of said tower, edifice, pole or structure and constructed, installed
or maintained on or above the ground or on or outside a building on
private property within the Village.
[Added  10-26-1964]
An open, unoccupied space on the same lot with a building,
between the rear line of the building and the rear line of the lot
and extending throughout the whole width of the plot.
[Amended  3-6-1967]
The replenishment of underground water reserves.
[Added 1-7-2008 by L.L. No. 1-2008]
An establishment where food, beverages and/or meals are sold
to the public for on-premises consumption.
[Added  10-6-1997 by L.L. No. 9-1997]
An institution of learning, incorporated or unincorporated;
it does not include a summer camp or recreational or athletic institution,
organization, conservatory, group or center; it does not include an
institution, organization, group or center, whether operated or managed
by one or more persons, of which the principal object or one of the
principal objects is physical education, teaching of dancing, singing,
dramatics, music, playing of musical instruments, calisthenics, typewriting,
stenography, dressmaking, designing or millinery or the giving of
instruction in beauty parlor operation, business courses or instruction
of a similar nature.
Measures that prevent eroded sediment from leaving the site.
[Added 1-7-2008 by L.L. No. 1-2008]
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
[Added 1-7-2008 by L.L. No. 1-2008]
An open, unoccupied space on the same lot with a building
situated between the building and the side line of the lot and extending
through from the front property line to the rear property line in
a straight line, and the minimum required width shall be undiminished
from the front property line to the rear property line.
[Amended  3-6-1967]
A building designated for and occupied exclusively as a home
or residence for not more than one family, and containing not more
than one kitchen.
[Amended  5-7-1984 by L.L. No. 2-1984]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Added 1-7-2008 by L.L. No. 1-2008]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
[Added 1-7-2008 by L.L. No. 1-2008]
The use of practices that prevent exposed soil from eroding.
[Added 1-7-2008 by L.L. No. 1-2008]
An order issued which requires that all construction activity
on a site be stopped.
[Added 1-7-2008 by L.L. No. 1-2008]
Rainwater, surface runoff, snowmelt and drainage.
[Added 1-7-2008 by L.L. No. 1-2008]
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
[Added 1-7-2008 by L.L. No. 1-2008]
The use of structural or non-structural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
[Added 1-7-2008 by L.L. No. 1-2008]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 1-7-2008 by L.L. No. 1-2008]
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
[Added 1-7-2008 by L.L. No. 1-2008]
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
[Added 1-7-2008 by L.L. No. 1-2008]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 1-7-2008 by L.L. No. 1-2008]
Flow on the surface of the ground, resulting from precipitation.
[Added 1-7-2008 by L.L. No. 1-2008]
The dividing line between the street and the lot.
The wall of the building or part of a building which is enclosed,
including sun porches and sun parlors, and any enclosed porch nearest
to the street line and excluding bay windows and open porches.
All other man-made formations not meant for housing or storage,
including billboards and advertising signs of every kind and boundary
walls or fences more than six feet in height and which, in any event,
do not qualify as a building. All zoning requirements, including set
backs in this chapter, applying to a building shall also apply to
structures.
[Amended  10-6-1997 by L.L. No. 9-1997]
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to manmade bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
[Added 1-7-2008 by L.L. No. 1-2008]
Any outdoor portable or permanent structure, device, tank
or excavation maintained for or used for the purposes of swimming
by adults or children. It is to be used solely by the owner, tenant,
or lessee of the premises upon which the pool is situated and by his
or her family or friends and guests invited to use the same without
payment of any fee.
[Amended  4-18-1966;  5-7-1979 by L.L. No. 23-1979]
A building designated for and occupied exclusively as a home
or residence for two families with cooking and sleeping accommodations
for each family completely separate and independent of each other
and containing not more than one kitchen per family.
[Amended  5-7-1984 by L.L. No. 2-1984]
Where a front, side, and/or rear yard is defined as unobstructed
in this chapter, no parking will be permitted in the unobstructed
areas.
[Amended 6-30-1975 by L.L. No. 14-1975]
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 1-7-2008 by L.L. No. 1-2008]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 1-7-2008 by L.L. No. 1-2008]
